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Supplemental Needs/Special Needs Trust

The purpose of a special needs trust is to establish a fund for the benefit of a person suffering from a severe and chronic or persistent disability; it is a supplement to, not a substitute for, government benefits. The fund pays for the unique, long-term needs of the beneficiary and aims to afford him or her the best lifestyle possible under the circumstances.

All of the requirements for creating a valid trust in New York apply to supplemental needs/special needs trusts. In addition, the trust documents must recite specific provisions required by New York law. If properly drafted, the assets of the trust cannot be counted for purposes of determining eligibility for government benefits or assistance.

Who may create a supplemental needs trust?

I would like to establish a supplemental needs/special needs trust:

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